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Past Drug Conviction Preventing Firearm Ownership

Discussions relating to Drug Laws

Past Drug Conviction Preventing Firearm Ownership

Postby Donogb » Mon Dec 26, 2016 3:38 pm

I live in California. Way back in 1983 I was convicted of possession of a controlled substance(Cocaine), which was a felony. I petitioned the court and recieved a Certificate of Rehabilitation in 2004. However, I just received a response from my DOJ inquiry into whether I was legally able to own or purchase a firearm and the report came back that I am not elgible. What recourse do I have to overturn this so I can legally own a gun? It has been nearly 30 years since my stupid youthful mistake! I have been a successful law-abiding citizen since.
Donogb
 
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Past Drug Conviction Preventing Firearm Ownership

Postby Aniweta » Wed Dec 28, 2016 8:46 pm

Golly, I don't know how to make it any clearer to the meatheads out there that I am not an attorney, and for something like this, Jeff, you really do need to retain an attorney.

That said, a quick visit to LAC.org brings up the information, under California Codes Penal Code Section 52.03:Whenever a person is issued a certificate of rehabilitation or granted a pardon from the Governor under this chapter, the fact shall be immediately reported to the Department of Justice by the court, Governor, officer, or governmental agency by whose official action the certificate is issued or the pardon granted. The Department of Justice shall immediately record the facts so reported on the former criminal record of the person, and transmit those facts to the Federal Bureau of Investigation at Washington, D.C. When the criminal record is thereafter reported by the department, it shall also report the fact that the person has received a certificate of rehabilitation, or pardon, or both. Whenever a person is granted a full and unconditional pardon by the Governor, based upon a certificate of rehabilitation, the pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including but not limited to:(1) the right to vote;(2) the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 12001 and 12021 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon.

As I am not a lawyer , and have never understood anything about California's Criminal Justice System, perhaps that now that you've obtained a Certificate of Rehabilitation, you might need to use that to perfect a Pardon before you can regain your full Second Amendment Rights.

Hey!, here's an idea: consult an Attorney, pay his fee and find out definitively why you're getting a denial.

There's several possibilities here: [1] you have not been candid about your circumstances; [2] California's DOJ may be way behind in its record-keeping; [3] like New York City under Mayor Bloomberg, California may be making it all up as it goes along.

G'luck!
Aniweta
 
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Past Drug Conviction Preventing Firearm Ownership

Postby Yuudai » Sat Dec 31, 2016 5:58 pm

I live in California. Way back in 1983 I was convicted of possession of a controlled substance(Cocaine), which was a felony. I petitioned the court and recieved a Certificate of Rehabilitation in 2004. However, I just received a response from my DOJ inquiry into whether I was legally able to own or purchase a firearm and the report came back that I am not elgible. What recourse do I have to overturn this so I can legally own a gun? It has been nearly 30 years since my stupid youthful mistake! I have been a successful law-abiding citizen since.
Yuudai
 
Posts: 48
Joined: Sat Jan 04, 2014 7:45 am


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